Speedy Trial Clock Starts Running Only On the Charges Included in the Original Felony Complaint, Not On Separate and Distinct Charges Ultimately Included in the Indictment

The Second Department determined defendant’s “speedy trial” motion to dismiss certain counts of the indictment should not have been granted.  Although the speedy trial clock started to run when the felony complaint was filed for the charges in the felony complaint, it did not start to run on the new charges appearing for the first time in the indictment:

Where a defendant is charged with a felony, CPL 30.30 requires the People to be ready for trial within six months of the commencement of the criminal action (see CPL 30.30[1][a]…). A criminal action is commenced when the first accusatory instrument is filed, and “includes the filing of all further accusatory instruments directly derived from the initial one” (CPL 1.20[16][b]…). Therefore, subsequent accusatory instruments that are “directly derived” from the first instrument will relate back to the first instrument for purposes of assessing the People’s compliance with their speedy trial obligations … . The filing of a felony complaint signals the commencement of a criminal action (see CPL 1.20[1], [17]). Where, however, “the felony complaint and subsequently filed indictment allege separate and distinct criminal transactions, the speedy trial time clock commences to run upon the filing of the indictment with respect to the new charges” … . People v Sant, 2014 NY Slip Op 05658, 2nd Dept 8-6-14